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(영문) 서울고등법원 2015.07.24 2014나19501
채무부존재확인
Text

1.The judgment of the first instance shall be modified as follows:

Modern Factory Machinery Bank in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, .

Reasons

1. Basic facts

A. On December 28, 2007, the Plaintiff entered into a contract with Hyundai Steel Co., Ltd. and the Plaintiff (hereinafter “Modern iron”).

(C) The construction work for the modern steel plant in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun (hereinafter referred to as the “instant D Plant construction work”).

41,581,00,000 won (excluding value-added tax; hereinafter the same shall apply) for the construction cost.

(2) On February 27, 2009, the Plaintiff and Hyundai Steel respectively changed the construction cost of the said contract into KRW 41,652,00,000,000 on July 11, 2009, KRW 50,652,00,000 on July 11, 2009, and KRW 63,146,00,000 on December 31, 209.

B. On June 8, 2008, the Plaintiff entered into a subcontract for mechanical works and the Defendant’s subcontract. On June 8, 2008, the Plaintiff entered into a subcontract for mechanical works with the Defendant for the payment of construction cost of KRW 10,770,00,000 and the construction period from June 6, 2008 to December 31, 2009.

(2) The plaintiff and the defendant on August 18, 2009 (hereinafter "the first subcontract of this case") shall pay 12,883,000,000 won for the construction work of the first subcontract of this case (hereinafter "the first subcontract of this case").

(2) On January 29, 2010, the Plaintiff changed the construction period to February 28, 2010. (2) On December 17, 2008, the Plaintiff entered into a subcontract agreement for the pipe construction works (hereinafter “instant pipe construction”) to the Defendant on December 17, 2008, and the instant pipe construction as well as the instant machine construction.

(1) The construction cost was set at KRW 6,366,00,000, and the construction period was set at between December 17, 2008 and December 31, 2009 (hereinafter “the second subcontract”).

(B) The Plaintiff and the Defendant stated that the construction cost of the second subcontract of this case was KRW 7,154,00,000 on August 18, 2009, and KRW 10,209,000 on September 30, 200, and KRW 200,000 on September 30, 209, respectively, “the principal construction cost of the second subcontract of this case” and also “the principal construction cost of the first subcontract of this case.”

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